New Search
Introduction
PART 1
The health service in England
1 Secretary of State’s duty to promote comprehensive health service
2 The Secretary of State’s duty as to improvement in quality of services
3 The Secretary of State’s duty as to the NHS Constitution
4 The Secretary of State’s duty as to reducing inequalities
5 The Secretary of State’s duty as to promoting autonomy
6 The Secretary of State’s duty as to research
7 The Secretary of State’s duty as to education and training
8 Secretary of State’s duty as to reporting on and reviewing treatment of providers
9 The NHS Commissioning Board
10 Clinical commissioning groups
11 The Secretary of State’s duty as to protection of public health
12 Duties as to improvement of public health
13 Duties of clinical commissioning groups as to commissioning certain health services
14 Power of clinical commissioning groups as to commissioning certain health services
15 Power to require Board to commission certain health services
16 Secure psychiatric services
17 Other services etc. provided as part of the health service
18 Regulations as to the exercise by local authorities of certain public health functions
19 Regulations relating to EU obligations
20 Regulations as to the exercise of functions by the Board or clinical commissioning groups
21 Functions of Special Health Authorities
22 Exercise of public health functions of the Secretary of State
23 The NHS Commissioning Board: further provision
24 Financial arrangements for the Board
25 Clinical commissioning groups: establishment etc.
26 Clinical commissioning groups: general duties etc.
27 Financial arrangements for clinical commissioning groups
28 Requirement for primary medical services provider to belong to clinical commissioning group
29 Other health service functions of local authorities under the 2006 Act
30 Appointment of directors of public health
31 Exercise of public health functions of local authorities
32 Complaints about exercise of public health functions by local authorities
33 Abolition of Strategic Health Authorities
34 Abolition of Primary Care Trusts
35 Fluoridation of water supplies
36 Procedural requirements in connection with fluoridation of water supplies
37 Fluoridation of water supplies: transitional provision
38 Approval functions
39 Discharge of patients
40 After-care
41 Provision of pocket money for in-patients
42 Transfers to and from special hospitals
43 Independent mental health advocates
44 Patients’ correspondence
45 Notification of hospitals having arrangements for special cases
46 Role of the Board and clinical commissioning groups in respect of emergencies
47 Secretary of State’s emergency powers
48 New Special Health Authorities
49 Primary care services: directions as to exercise of functions
50 Charges in respect of certain public health functions
51 Pharmaceutical services expenditure
52 Secretary of State’s duty to keep health service functions under review
53 Secretary of State’s annual report
54 Certification of death
55 Amendments related to Part 1 and transitional provision
PART 2
Further provision about public health
56 Abolition of Health Protection Agency
57 Functions in relation to biological substances
58 Radiation protection functions
59 Repeal of AIDS (Control) Act 1987
60 Co-operation with bodies exercising functions in relation to public health
PART 3
Regulation of health and adult social care services
CHAPTER 1 Monitor
61 Monitor
62 General duties
63 Secretary of State’s guidance on duty under section 62(9)
64 General duties: supplementary
65 Power to give Monitor functions relating to adult social care services
66 Matters to have regard to in exercise of functions
67 Conflicts between functions
68 Duty to review regulatory burdens
69 Duty to carry out impact assessments
70 Information
71 Failure to perform functions
CHAPTER 2 Competition
72 Functions under the Competition Act 1998
73 Functions under Part 4 of the Enterprise Act 2002
74 Competition functions: supplementary
75 Requirements as to procurement, patient choice and competition
76 Requirements under section 75: investigations, declarations and directions
77 Requirements under section 75: undertakings
78 Guidance
79 Mergers involving NHS foundation trusts
80 Co-operation with the CMA
CHAPTER 3 Licensing
Licensing requirement
81 Requirement for health service providers to be licensed
82 Deemed breach of requirement to be licensed
83 Exemption regulations
84 Exemption regulations: supplementary
Licensing procedure
85 Application for licence
86 Licensing criteria
87 Grant or refusal of licence
87A Application and grant: NHS trusts
88 Application and grant: NHS foundation trusts
89 Revocation of licence
90 Right to make representations
91 Notice of decisions
92 Appeals to the Tribunal
93 Register of licence holders
Licence conditions
94 Standard conditions
95 Special conditions
96 Limits on NHS England’s functions to set or modify licence conditions
97 Conditions: supplementary
98 Conditions relating to the continuation of the provision of services etc.
99 Notification of commissioners where continuation of services at risk
100 Modification of standard conditions
101 Modification references to the CMA
102 Modification of conditions by order under other enactments
103 Standard condition as to transparency of certain criteria
Enforcement
104 Power to require documents and information
105 Discretionary requirements
106 Enforcement undertakings
107 Further provision about enforcement powers
108 Guidance as to use of enforcement powers
109 Publication of enforcement action
110 Notification of enforcement action
Transitional provision
111 Imposition of licence conditions on NHS foundation trusts
112 Duration of transitional period
113 Orders under section 112: criteria for deciding applicable trusts
114 Repeal of sections 112 and 113
CHAPTER 4 The NHS payment scheme
114A The NHS payment scheme
114B The NHS payment scheme: enforcement
114C The NHS payment scheme: impact assessment and consultation
114D Objections to proposed NHS payment scheme
114E Amendments of the NHS payment scheme
114F Interpretation
115 Price payable by commissioners for NHS services
116 The national tariff
117 The national tariff: further provision
118 Consultation on proposals for the national tariff
119 Consultation: further provision
120 Responses to consultation
121 Determination on reference under section 120
122 Changes following determination on reference under section 120
123 Power to veto changes proposed under section 122
124 Local modifications of prices: agreements
125 Local modifications of prices: applications
126 Applications under section 125: notification of commissioners
127 Correction of mistakes
CHAPTER 5 Health special administration
128 Health special administration orders
129 Objective of a health special administration
130 Health special administration regulations
131 Transfer schemes
132 Indemnities
133 Modification of this Chapter under Enterprise Act 2002
CHAPTER 6 Financial assistance in special administration cases
Establishment of mechanisms
134 Duty to establish mechanisms for providing financial assistance
135 Power to establish fund
Applications for financial assistance
136 Applications
137 Grants and loans
Charges on commissioners
138 Power to impose charges on commissioners
Levy on providers
139 Imposition of levy
140 Power of Secretary of State to set limit on levy and charges
141 Consultation
142 Responses to consultation
143 Amount payable
Supplementary
144 Investment principles and reviews
145 Borrowing
146 Shortfall or excess of available funds, etc.
CHAPTER 7 Miscellaneous and general
147 Secretary of State’s duty as respects variation in provision of health services
148 Service of documents
149 Electronic communications
150 Interpretation, transitional provision and consequential amendments
PART 4
NHS foundation trusts & NHS trusts
151 Governors
152 Directors
153 Members
154 Accounts: initial arrangements
155 Accounts: variations to initial arrangements
156 Annual report and forward plan
157 Meetings
158 Voting
159 Authorisation
160 Bodies which may apply for foundation trust status
161 Amendment of constitution
162 Panel for advising governors
163 Financial powers
164 Goods and services
165 Private health care
166 Information
167 Significant transactions
168 Mergers
169 Acquisitions
170 Separations
171 Dissolution
172 Supplementary
173 Repeal of de-authorisation provisions
174 Trust special administrators
175 Objective of trust special administration
176 Procedure etc.
177 Action following final report
178 Sections 174 to 177: supplementary
179 Abolition of NHS trusts in England
180 Repeal of provisions on authorisation for NHS foundation trusts
PART 5
Public involvement and local government
CHAPTER 1 Public involvement
181 Healthwatch England
182 Activities relating to local care services
183 Local authority arrangements
184 Local arrangements: power to make further provision
185 Independent advocacy services
186 Requests, rights of entry and referrals
187 Annual reports
188 Transitional arrangements
189 Consequential provision
CHAPTER 2 Local government
190 Scrutiny functions of local authorities
191 Amendments consequential on section 190
192 Joint strategic needs assessments
193 Joint health and wellbeing strategies
194 Establishment of Health and Wellbeing Boards
195 Duty to encourage integrated working
196 Other functions of Health and Wellbeing Boards
197 Participation of NHS England
198 Discharge of functions of Health and Wellbeing Boards
199 Supply of information to Health and Wellbeing Boards
200 Care Trusts
CHAPTER 3 The Health Service Commissioner for England
201 Disclosure of reports etc. by the Health Service Commissioner
PART 6
Primary care services
202 Medical services: minor amendments
203 Persons eligible to enter into general dental services contracts
204 Arrangements under section 107 of the National Health Service Act 2006
205 Payments in respect of costs of sight tests
206 Pharmaceutical needs assessments
207 Control of entry on pharmaceutical lists
208 Lists of performers of pharmaceutical services and assistants etc.
PART 7
Regulation of health and social care workers
209 Power to regulate social workers etc. in England
210 Training etc. of approved mental health professionals in England
211 Orders regulating social care workers in England: further provision
212 Abolition of the General Social Care Council
213 Regulation of social workers in England
214 The Health and Care Professions Council
215 Functions of the Council in relation to social work in England
216 Appeals in cases involving social workers in England
217 Approval of courses for approved mental health professionals
218 Exercise of function of approving courses, etc.
219 Arrangements with other health or social care regulators
220 References in enactments to registered health professionals, etc.
221 Functions of the Secretary of State in relation to social care workers
222 The Professional Standards Authority for Health and Social Care
223 Functions of the Authority
224 Funding of the Authority
225 Power to advise regulatory bodies, investigate complaints, etc.
226 Accountability and governance
227 Appointments to regulatory bodies
228 Establishment of voluntary registers
229 Accreditation of voluntary registers
230 Consequential provisions and savings, etc.
231 Abolition of the Office of the Health Professions Adjudicator
PART 8
The National Institute for Health and Care Excellence
232 The National Institute for Health and Care Excellence
233 General duties
234 Quality standards
235 Supply of quality standards to other persons
236 Advice or guidance to the Secretary of State or NHS England
237 Advice, guidance, information and recommendations
238 NICE recommendations: appeals
239 Training
240 Advisory services
241 Commissioning guidance
242 NICE’s charter
243 Additional functions
244 Arrangements with other bodies
245 Failure by NICE to discharge any of its functions
246 Protection from personal liability
247 Interpretation of this Part
248 Dissolution of predecessor body
249 Consequential and transitional provision
PART 9
Health and adult social care services: information
CHAPTER 1 Information standards
250 Powers to publish information standards
251 Information standards: procedure etc
251ZA Information standards: compliance
Compliance with standards
251ZB Notice requesting compliance by relevant IT providers
251ZC Public censure of relevant IT providers
251ZD Exercise of functions of Secretary of State by other persons
Accreditation
251ZE Accreditation of information technology etc
CHAPTER 1A Continuity of Information
251A Consistent identifiers
251B Duty to share information
251C Continuity of information: interpretation
CHAPTER 2 NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.
… General duties
252 The Health and Social Care Information Centre
253 NHS England data functions: general
Functions: information systems
254 Powers to direct NHS England to establish information systems
255 Powers to request NHS England to establish information systems
256 Requests for collection under section 255: confidential information
257 Requests under section 255: supplementary
258 Information systems: supplementary
259 Powers to require and request provision of information
260 Publication of information
261 Other dissemination of information
262 Other dissemination: directions and requests under sections 254 and 255
262A Publication and other dissemination: supplementary
263 Code of practice on confidential information
264 Information Register
265 Advice or guidance
Functions: quality of health and social care information
266 Assessment of quality of information
267 Power to establish accreditation scheme
Functions: other
268 Database of quality indicators
269 Power to confer functions in relation to identification of GPs
270 Additional functions
271 Arrangements with other bodies
272 Failure by Information Centre to discharge any of its functions
273 Protection from personal liability
General and supplementary
274 Powers of Secretary of State or NHS England to give directions
274A Secretary of State’s guidance about NHS England data functions
275 Interpretation of this Chapter
276 Dissolution of predecessor body
277 Consequential provision
CHAPTER 3 Information about adult social care
277A Provision of adult social care information to Secretary of State
277B Restrictions on onward disclosure of information
277C Directions to certain bodies to exercise functions under this Chapter
277D Arrangements with third parties
CHAPTER 4 Enforcement
277E Enforcement of provisions under this Part
277F Directions to Special Health Authority to exercise functions under section 277E
PART 10
Abolition of certain public bodies
278 The Alcohol Education and Research Council
279 The Appointments Commission
280 The National Information Governance Board for Health and Social Care
281 The National Patient Safety Agency
282 The NHS Institute for Innovation and Improvement
283 Standing advisory committees
PART 11
Miscellaneous
284 Special notices of births and deaths
285 Provision of information by Registrar General
286 Provision of information by Registrar General: Wales
287 Provision of statistical information by Statistics Board
288 Monitor: duty to co-operate with Care Quality Commission
289 Care Quality Commission: duty to co-operate with Monitor
290 Other duties to co-operate
291 Breaches of duties to co-operate
292 Requirement for Secretary of State to approve remuneration policy etc.
293 Conduct of reviews etc.
294 Failure to discharge functions
295 Arrangements between NHS England and Northern Ireland Ministers
296 Arrangements between NHS England and Scottish Ministers etc.
296A Arrangements between NHS England and devolved authorities in respect of education and training
297 Relationships between the health services
298 Advice or assistance to public authorities in the Isle of Man or Channel Islands
299 Certificate of consent of community patients to treatment
300 Transfer schemes
301 Transfer schemes: supplemental
302 Transfer schemes in respect of previously transferred property
PART 12
Final provisions
303 Power to make consequential provision
304 Regulations, orders and directions
305 Financial provision
306 Commencement
307 Commencement: consultation with Scottish Ministers
308 Extent
309 Short title
SCHEDULES
SCHEDULE 1 The National Health Service Commissioning Board
SCHEDULE 2 Clinical commissioning groups
SCHEDULE 3 Pharmaceutical remuneration
SCHEDULE 4 Amendments of the National Health Service Act 2006
SCHEDULE 5 Part 1: amendments of other enactments
SCHEDULE 6 Part 1: transitional provision
SCHEDULE 7 Abolition of the Health Protection Agency: consequential amendments
SCHEDULE 8 Monitor
SCHEDULE 9 Requirements under section 77: undertakings
SCHEDULE 10 References by Monitor to the CMA
SCHEDULE 11 Further provision about NHS England’s enforcement powers
SCHEDULE 12 Procedure on references under section 120
SCHEDULE 13 Part 3: minor and consequential amendments
SCHEDULE 14 Abolition of NHS trusts in England: consequential amendments
SCHEDULE 15 Part 7: consequential amendments and savings
SCHEDULE 16 The National Institute for Health and Care Excellence
SCHEDULE 17 Part 8: consequential amendments
SCHEDULE 18 The Health and Social Care Information Centre
SCHEDULE 19 Part 9: consequential amendments
SCHEDULE 20 Part 10: consequential amendments and savings
SCHEDULE 21 Amendments relating to relationships between the health services
SCHEDULE 22 Property transfer schemes
SCHEDULE 23 Staff transfer schemes
Changes to legislation:
Health and Social Care Act 2012, Section 105 is up to date with all changes known to be in force on or before 01 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
PART 3Regulation of health and adult social care services
CHAPTER 3Licensing
Enforcement
105Discretionary requirements
(1)
NHS England may impose one or more discretionary requirements on a person if NHS England is satisfied that the person—
(a)
has provided, or is providing, a health care service for the purposes of the NHS in breach of the requirement to hold a licence under this Chapter (see section 81),
(b)
is a licence holder who has provided, or is providing, a health care service for the purposes of the NHS in breach of a condition of the licence, or
(c)
is in breach of a requirement imposed by NHS England under section 104.
(2)
In this Chapter, “discretionary requirement” means—
(a)
a requirement to pay a monetary penalty to NHS England of such amount as NHS England may determine (referred to in this Chapter as a “variable monetary penalty”),
(b)
a requirement to take such steps within such period as NHS England may specify, to secure that the breach in question does not continue or recur (referred to in this Chapter as a “compliance requirement”), or
(c)
a requirement to take such steps within such period as NHS England may specify, to secure that the position is, so far as possible, restored to what it would have been if the breach in question was not occurring or had not occurred (referred to in this Chapter as a “restoration requirement”).
(3)
NHS England must not impose discretionary requirements on a person on more than one occasion in relation to the same breach.
(4)
A variable monetary penalty must not exceed 10% of the turnover in England of the person on whom it is imposed, such amount to be calculated in the prescribed manner.
(5)
If the whole or any part of a variable monetary penalty is not paid by the time it is required to be paid, the unpaid balance from time to time carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838; but the total interest must not exceed the amount of the penalty.